Patna High Court
Sachidanand Sinha @ Sachidanand Singh @ Satish GaraiversusThe State Of Bihar
- Decided
- Disposal
- ABATED
Holding
The appeal stands abated and is disposed of as no near relative filed an application for leave to continue the appeal.
Summary
The appellant, Sachidanand Sinha, died during the pendency of his criminal appeal. The court examined letters and reports confirming his death, including a death certificate. Under Section 394 of the Code of Criminal Procedure, 1973 (corresponding to Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023), an appeal may be abated if the appellant dies and no near relative files an application to continue it. Since no such application was filed, the court held that the appeal stands abated. Consequently, the appeal was disposed of, and the trial court record was ordered to be sent back to the concerned court.
Issues considered
- Whether a criminal appeal can continue after the death of the appellant in the absence of an application by a near relative.
- Whether Section 394 of the Code of Criminal Procedure, 1973 (or its equivalent Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023) mandates abatement of the appeal.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita, 2023 — s. 435
- Code of Criminal Procedure, 1973 — s. 394
Subjects
- appeal abatement
- death of appellant
- Section 394 CrPC
- Section 435 Bharatiya Nagarik Suraksha Sanhita
- criminal appeal
- high court
Judgment
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL APPEAL (DB) No.365 of 2013
Arising Out of PS. Case No.-148 Year-2000 Thana- KARAI PARSURAI District- Nalanda
======================================================
Sachidanand Sinha @ Sachidanand Singh @ Satish Garai S/O Late
Ramprasad Garai Resident Of Village- Lalbigha, P.S.- Sahpur In The District
Of Nawada.
... ... Appellant/s
Versus
The State Of Bihar
... ... Respondent/s
======================================================
Appearance :
For the Appellant/s : Mr. Deepak Kumar, Adv.
For the Respondent/s : Mr. Bipin Kumar, APP
======================================================
CORAM: HONOURABLE THE CHIEF JUSTICE
and
HONOURABLE MR. JUSTICE HARISH KUMAR
ORAL ORDER
(Per: HONOURABLE THE CHIEF JUSTICE)
3 17-04-2026 Perused the Letter No. 616 dated 09.03.2026 of the
Superintendent of Police, Nalanda along with the Report dated
06.03.2026 of Superintendent of Police, Nawada and the Report
dated 02.03.2026 of the Sub-Inspector of Police, Sahpur Police
Station, Nawada as well as the death certificate issued by the
Department of Planning and Development, Government of
Bihar; wherein it is indicated that during enquiry it came to light
that the sole appellant, namely, Sachidanand Sinha @
Sachidanand Singh @ Satish Garai, is dead.
2. In view of the said letter as also Section 394 of the
Code of Criminal Procedure, 1973, which corresponds to
Section 435 of the Bharatiya Nagarik Suraksha Sanhita, 2023,
Patna High Court CR. APP (DB) No.365 of 2013(3) dt.17-04-2026
2/2
since no near relative has filed any application for leave to
continue the appeal, the Criminal Appeal stands abated and
disposed of.
3. Let the trial court record be sent back to the
concerned court immediately, if not required in any other cases.
(Sangam Kumar Sahoo, CJ)
(Harish Kumar, J)
supratim/-
U T
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